FATEH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In pursuance of the notification published on 10th February, 1977, under Section 4 of the Land Acquisition Act, 1894 (hereinafter called 'the Act'), the State of Haryana sought to acquire 24 Kanals 1 Marla of land belonging to the appellants, besides some other land from the revenue estate of Jind for a public purpose at public expense, i.e., for the construction of the building of Police Station, Sadar, Jind. The Land Acquisition Collector vide his award dated 30th April, 1978, awarded compensation of the acquired land at the rate of Rs. 7000/- per acre, besides allowing 15% solatium. Being dissatisfied with the adequacy of the compensation, these land-holders sought references under section 18 of the Act to the District Judge, Jind, and the learned additional District Judge vide his impugned award enhanced the compensation to Rs. 12000/- per acre, besides allowing 5% of the market price of the unacquired land as severance. 15% solatium was also allowed over and above the said market price, besides interest at the rate of 6% per annum on the enhanced amount of compensation.

(2.) Still being aggrieved against the adequacy of the acquired land awarded by the Additional District Judge, Jind, the appellants have come up in appeal, contending that the market price of the acquired land was not less than Rs. 60/- per square yard, but they claimed compensation at the rate of Rs. 32-50 Paise, per square yard.

(3.) The parties have relied upon the following sale transactions before the lower Court :- 1 2 3 4 5 Exhibits Date of sale deed Area K.M. Price (in Rs.) Average price (in Rs.) P.5 14.5.71 25.Sq. yards. 2/3 4500/- - P.6 18.4.69 28 Square yards. -do- 4000/- - P.7 16.6.66 56 -do- 2000/- - P.8 15.7.68 28 -do- 2800/- - P.9 24.2.70 400 -do- 9000/- - R.7 25.5.69 18K. 8M. 500/- At the rate of Rs. 2225/- Per Acre. R.8 28.1.66 3B-11B - Pukhta (Approx 1-1/2 Acres for Rs. 10,000/- Per Acre Price Rs. 6700/- R.9 20.12.65 13B-7B - Pukhta (Approx 5-1/2 Acres for Rs. 43,053/- Rs. 8125/- per Acre